v. Toney et al

Filing 15

MEMORANDUM- this action will be DISMISSED for want of prosecution.Signed by District Judge Travis R McDonough on 1/14/2016. (CNC, ) Mailed to Kevin Toney (CNC)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF TENNESSEE
AT KNOXVILLE
KEVIN TONEY,
Plaintiff,
v.
JOHN PATTERSON,
Defendant.

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Case No. 1:14-CV-147
Judge Travis R. McDonough
Magistrate Judge Susan K. Lee

MEMORANDUM
This is a pro se complaint for violation of civil rights pursuant to 42 U.S.C. § 1983. This
matter is before the Court upon postal return of mail that the Court sent to Plaintiff. Specifically,
more than three months ago,1 mail that the Court sent to Plaintiff was returned with the envelope
marked “RETURN TO SENDER, Not in custody” (Doc. 11.) Accordingly, it is clear that
Plaintiff has failed to provide the Court with notice of his current address. Without Plaintiff’s
current address, neither the Court nor Defendant can communicate with Plaintiff about this case.
Accordingly, this action will be DISMISSED for want of prosecution. Fed. R. Civ. P.
41(b); Link v. Wabash R. Co., 370 U.S. 626, 630-31 (1962) (recognizing court’s authority to
dismiss a case sua sponte for lack of prosecution); White v. City of Grand Rapids, No. 01229234, 34 F. App’x 210, 211, 2002 WL 926998, at *1 (6th Cir. May 7, 2002) (finding that pro
se prisoner’s complaint “was subject to dismissal for want of prosecution because he failed to
keep the district court apprised of his current address”); Jourdan v. Jabe, 951 F.2d 108 (6th Cir.
1991).

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A recent order of reassignment which was mailed to Plaintiff was also returned to the
Court as undeliverable (Doc. 13.)

The Court CERTIFIES that any appeal from this action would not be taken in good faith
and would be totally frivolous. See Rule 24 of the Federal Rules of Appellate Procedure.
AN APPROPRIATE ORDER WILL ENTER.
ENTER:

/s/ Travis R. McDonough
TRAVIS R. MCDONOUGH
UNITED STATES DISTRICT JUDGE

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